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Circular No. 8/8/2017-GST
F. No. 349/74/2017-GST (Pt.) Vol.-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
GST Policy Wing
New Delhi, Dated the 4
th October, 2017
To,
The Principal Chief Commissioners/Chief Commissioners/Principal Commissioners/
Commissioners of Central Tax (All)
The Principal Director Generals/Director Generals (All)
Madam/Sir,
Subject: Clarification on issues related to furnishing of Bond/Letter of Undertaking for
exports
In view of the difficulties being faced by the exporters in submission of bonds/Letter of
Undertaking (LUT for short) for exporting goods or services or both without payment of
integrated tax, Notification No. 37/2017 – Central Tax dated 4
th October, 2017 has been issued
which extends the facility of LUT to all exporters under rule 96A of the Central Goods and
Services Tax Rules, 2017 (hereafter referred to as “the CGST Rules”) subject to certain
conditions and safeguards. This notification has been issued in supersession of Notification No.
16/2017 – Central Tax dated 7th July, 2017 except as respects things done or omitted to be done
before such supersession.
2. In the light of the new notification, three circulars in this matter, namely Circular No.
2/2/2017 – GST dated 5th July, 2017, Circular No. 4/4/2017 – GST dated 7th July, 2017 and
Circular No. 5/5/2017 – GST dated 11th August, 2017, which were issued for providing clarity
on the procedure to be followed for export under bond/LUT, now require revision and a
consolidated circular on this matter is warranted. Accordingly, to ensure uniformity in the

Dear Sir,

Can we availed ITC for material received against Courier Bill Of Entry under GST Act.

If Yes kindly share any Notification / Circular details if any.

Hello,
I am a GST consultant. I'm getting frequent queries regarding sale of second car by a firm to another firm, both the companies are not involved in buying and selling of cars.So while selling a second hand car do they have to pay GST?.

can any one telling me

medical insurance paid by my company 5 lakh for employee

what is the jv

its a exps or what

Hello All,

I just file Income Tax return of one of my client which is an Architect. While filling return I file the return u/s 44ADA. Now I have received a notice under Sec 139(9). I am Unable to understand what is the defect in the return. Can you help me out by filling the response to notice. What should I do how to respond to this notice????

Dear Sir,
Pls define me what is 27Q in TDS and in which case we deducted TDS under 27Q.

I have studied in US for 1.5 year in 2012 & 13 and moved back to India in June 2014. I was employed in India for 2.5 years till December 2016. I got married in February 2017 and moved with my husband in March 2017 on dependent visa. At present, I am not employed anywhere nor do I have any income abroad. I have bank accounts, Depository account, PPF, shares investment and mutual fund investment in India. I may earn dividend, interest, capital gain and most probably EPF withdrawals which will be taxable in current year in India.

I may visit India in the current year to streamline all my investments. If I stay for more than 60 days, I would be Resident but if in case, I can not than what happens to my investments? My question is:

1. When I become NRI? I mean from the date of my leaving India? or after staying away for more than 182 days from India? I mean which is exact date from which NRI rules will be applicable? This FY or from the next FY?

2. Question is not regarding taxability of income but a technical one for compliance purpose. That is when it becomes obligatory for me to inform all concerned parties where I am having investments regarding my status?

3. Do I become NRI for the next financial year following the financial year where I have become NRI? As I am not sure whether I would be there for more than 60 days in current FY in India, my status is unsure till the end of current financial year. In such a case, what course I should take?

4. Is there any relaxation in rules for dependent spouse who are not allowed to take any position or work for profit in USA:

Experts pleas guide me.

Hi Sir,

I Have one doubt about GST.

I working one of the capsule manufacturing company .
Recently we got Under LUT Bond. after getting this certificate we need including IGST Amount in tax invoice or not

1.Dispatches Amount Rs.25,25,875/- this OK or
(or)
Dispatches Amount Rs.25,25,875/-
IGST 28% Rs,7,07,245/-
Total Amount Rs.32,33,120/-.

Please Tell Me which is correct Under LUT Bond

Sir my client is registered under composition scheme (Trader) effective date of GST registration is 28/08/2017. my client pay rent RS 10000 for his shop then i want to know whether he is liable to pay GST under RCM on that RS10000 or not . if he is liable to pay then on what amount ie he paid rent for the month AUG on 9 SEPT. and for the month of SEPT on 9 OCT.

Following query relate to deduction u/s 80JJAA.

While claiming deduction u/s 80JJAA whether the Additional number of employees eligible for deduction can be more than increase in number of employees employed during the financial year (i.e. Number of employees on 31st march 2017 less employees on 31st march 2016.)

For example:

employees on 31.03.2016 200
Addition employees appointed in April 2016 70
employees left during FY 2016-17 30

employees on 31st march 2017 240


In the above example should we claim deduction for
(i) 40 employees (i.e. 240 less 200) or
(ii) 70 employees

we were of the opinion that deduction should be claimed for 70 employees ( as law is silent regarding reduction of left employees).

Now please have look on Annexure to Form 10 DA.
it says that number of additional employees eligible for deduction not exceeding number of increase in employees
during financial year.

kindly assist whether we should limit the number of additional employees to net increase in the number of employees.